Role of the Reporter

• Receive referrals for children and young people who are believed to require compulsory measures of supervision.

• Draft a statement of grounds and decide whether the child or young person needs to be referred to a Hearing.

• Provide administration to Children’s Hearings and keep a record of proceedings at Hearings.

• Maintain the independence of Hearings and support fair process.

• Conduct Children’s Hearings court proceedings.

The Reporter’s primary function is to receive referrals for children and young people who are believed to require compulsory measures of supervision. The Reporter then decides whether the child or young person should be referred to a Children’s Hearing. The majority of referrals to the Children’s Reporter come from the police and social work, however anyone can make a referral to the Reporter. Guidance is available aimed at giving practical advice to any professional who is considering making a referral to the Reporter. 

On non-offence (care and protection) grounds, the evidential standard is the civil standard of balance of probabilities. For offence grounds, the Children’s Hearings System operates on the same evidential standard as the criminal justice system (beyond reasonable doubt) therefore, if there is insufficient evidence, the matter cannot be taken further by the Reporter.

Following the investigation, the Reporter can make one of a number of decisions, including referring a child or young person to a Hearing. Where there is no requirement for compulsory measures of supervision, children and young people can be dealt with by a variety of options, including: restorative justice, voluntary measures such as tailored programmes to tackle their behaviour. These are all available options depending on the individual child or young person, their needs and circumstances.

Children and young people can be referred to services like this either on a compulsory basis following a Children’s Hearing, or on a voluntary basis (without proceeding to a Hearing) with the support of their family/guardians and usually social work services.

• Suffers from lack of parental care.
• Is falling into bad associations or is exposed to moral danger.
• Is beyond the control of their parent/carer (relevant person).
• The child, or another child in the same household, has been the victim of an offence such as sexual abuse, assault or neglect.
• Is a member of the same household as a person who has offended against a child or young person.
• Has failed to attend school without reasonable excuse.
• Has committed an offence.
• Has abused solvents, or misused drugs or alcohol.

• The Reporter is satisfied that one or more grounds for referral exists (stated in section 67 of the Children’s Hearings (Scotland) Act 2011) and,
• There is a need for compulsory measures of supervision (to either protect the child or young person, and/or address their behaviour).

It is the responsibility of the Reporter to notify children, young people and families and any relevant persons of Hearings, and to provide them with all the relevant paper work. Once a child or young person is referred to a Hearing, the role of the Reporter is to keep a report of the proceedings and support fair process without undermining the decision making function of the Hearing.

The Reporter does not provide legal advice to the Hearing or to children, young people and families.

The Reporter is also responsible for conducting any appeals against Children’s Hearing decisions in court.